SHERMAN, Texas - A commercial general liability insurer has no duty to defend or indemnify a corporate entity not named as an insured for underlying negligence claims arising from the defective construction of a barn, a Texas federal magistrate judge held July 15 (Essex Insurance Co. v. Michael A. Brandon, et al., No. 14-421, E.D. Texas; 2015 U.S. Dist. LEXIS 91729).
WILMINGTON, Del. - A Delaware federal judge on July 14 declined to reconsider his affirmation of a bankruptcy court's grant of summary judgment to Chapter 11 debtor The Flintkote Co. on a corporate property owner's bid for relief from the bankruptcy stay to pursue state and federal environmental claims against Flintkote (8 E. Frederick Place LLC v. The Flintkote Co., et al., No. 12-1176, D. Del.; 2015 U.S. Dist. LEXIS 91005).
BOSTON - Although a copyright infringement plaintiff appears to own valid copyrights for its website, a Massachusetts federal judge on July 13 found that he is unable to conclude that the plaintiff is likely to succeed on the merits of its claims (IvyMedia Corporation v. iLIKEBUS Inc. et al., No. 15-11918, D. Mass.; 2015 U.S. Dist. LEXIS 91342).
SAN FRANCISCO - The Shiloh Group (TSG), which is intervening in a groundwater contamination lawsuit brought by an environmental group, on July 14 filed a notice in the U.S. District Court for the Northern District of California and "brings to the court's attention" a federal appellate court decision that TSG contends has relevance to a pending motion for summary judgment filed by the defendant, Fluor Corp. (Northern California River Watch v. Fluor Corporation, No. 10-05105, N.D. Calif.).
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on July 14 affirmed a district court's decision granting an Israeli corporation's petition to confirm a $2,675,000 arbitration award and dismissed an appeal filed by a U.S. corporation that sought to have the aware set aside (AVR Communications Ltd., et al. v. American Hearing Systems Inc., doing business as Interton Inc., No. 14-2313, 8th Cir.; 2015 U.S. App. LEXIS 12080).
PORTLAND, Ore. - A motion for judgment on the pleadings by patent infringement defendant Intel Corp. was granted, in part, by an Oregon federal judge on July 13 (Memory Integrity LLC v. Intel Corporation, No. 15-262, D. Ore.; 2015 U.S. Dist. LEXIS 90417).
CHICAGO - After finding that a borrower's foreclosure-related claims are still pending before a federal district court, the Seventh Circuit U.S. Court of Appeals on July 13 dismissed the case for lack of jurisdiction (Wendy B. Adelson v. Ocwen Financial Corporation, et al., No. 14-3707, 7th Cir.; 2015 U.S. App. LEXIS 11992).
SANTA ANA, Calif. - A federal judge in California on July 10 dismissed multiple claims, including a state unfair competition law (UCL) claim, from a chiropractor's suit accusing the developer of a patented massage technique and the company certifying the technique for use by other chiropractors of interfering with his business and engaging in anti-competitive conduct (Vasili Gatsinaris, D.C., et al. v. Art Corporate Solutions Inc., et al., No. 15-741, C.D. Calif.; 2015 U.S. Dist. LEXIS 90086).
SAN JOSE, Costa Rica - The Permanent Court of Arbitration (PCA) on July 9 announced that it held a hearing in Costa Rica in an arbitration filed under the United Nations Commission on International Trade Law (UNCITRAL) rules (Consorcio John W. McDougall Company Inc. y Dredge & Marine Corporation [U.S.A.] and El Instituto Costarricense de Electricidad - ICE [Costa Rica], PCA).
RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on July 8 vacated a district court's grant of summary judgment to several companies on claims by three men alleging that they were injured in a fire caused by defects in the companies' equipment, finding in part that the trial court's exclusion of opinions by two experts for the injured men "may well warrant a full reassessment" on remand considering that the court erroneously discredited testimony from one of the injured men (Jeffrey S. Hodges, at al., v. Federal-Mogul Corporation, et al., No. 14-1333, 4th Cir.; 2015 U.S. App. LEXIS 11765).
TORONTO - The International Centre for Settlement of Investment Disputes (ICSID) on July 8 announced that it will soon begin a hearing on jurisdiction in a dispute filed by a U.S. corporation against Canada in relation to its investment in a paper pulp mill (Mercer International, Inc. v. Canada, No. ARB[AF/12/3], ICSID).
PHILADELPHIA - A federal judge in Pennsylvania on July 7 granted two insurers' motion to dismiss a reinsurance dispute and transfer the suit to a federal court in Connecticut (Excalibur Reinsurance Corporation v. Select Insurance Company, et al., No. 15-cv-02522, E.D. Pa.).
SAN JOSE, Calif. - A California federal magistrate judge on July 5 excluded most royalty and damages opinions of two experts in a patent dispute, saying that the experts' "methodologically unsound opinion testimony" should not be presented to a jury (Good Technology Corporation, et al., v. MobileIron, Inc., No. 5:12-cv-05826, N.D. Calif.; 2015 U.S. Dist. LEXIS 87347).
ATLANTA - A dispute over similarly named children's play and exercise equipment will proceed in Georgia court, a federal judge there ruled July 6 (PlayNation Play Systems Inc. v. Velex Corporation, No. 14-1046, N.D. Ga.; 2015 U.S. Dist. LEXIS 87041).
CHICAGO - An attorney may not recover fees under the common-fund doctrine in addition to or in lieu of fees awarded under a fee-shifting statute like the Employee Retirement Income Security Act "in the absence of a contract," the Seventh Circuit U.S. Court of Appeals ruled July 1 (Darryl Pierce, et al. v. Visteon Corporation, et al., No. 14-2542, 7th Cir.; 2015 U.S. App. LEXIS 11333).
OKLAHOMA CITY - A third-party defendant in a lawsuit brought by two men who contend that they were injured when a lithium battery exploded during a hydraulic fracturing operation filed an answer June 30 denying the allegations and contending that its product either was not the product at issue in the lawsuit, or the product was misused after it was manufactured (Jacob McGehee, et al. v. Southwest Electronic Energy Corporation, et al., and Southwest Electronic Energy Corporation v. Engineered Power LP, et al., No. 15-145, W.D. Okla.)
SAN FRANCISCO - A group of plaintiffs suing Chevron Corp. alleging that the company is liable for damages caused by the explosion of a natural gas rig filed a brief in California federal court on June 29, opposing the company's motion to strike or dismiss the plaintiffs' third amended complaint, contending that it is appropriate under Federal Rule of Civil Procedure (FRCP) 15 (Foster Ogola v. Chevron Corporation, No. 14-173, N.D. Calif.).
NEW HAVEN, Conn. - An insurer told a federal court in Connecticut on June 26 that its reinsurer's motion to stay a $1 million reinsurance billing dispute is an attempt to avoid having to post pre-pleading security that the insurer claims is mandated by Connecticut state law (Select Insurance Company v. Excalibur Reinsurance Corporation, f/k/a PMA Capital Insurance Company, No. 15-cv-00715, D. Conn.).
WASHINGTON, D.C. - The U.S. Supreme Court on June 29 denied petitions asking the high court to review a Fifth Circuit U.S. Court of Appeals' ruling affirming a federal judge in Louisiana's finding concerning BP Exploration & Production Inc. and Anadarko Petroleum Corp.'s liability under the Clean Water Act (CWA) for pollution caused by the explosion of the Deepwater Horizon oil rig and ensuing oil spill in the Gulf of Mexico in April 2010 (BP Exploration & Production Inc. v. United States of America, No. 14-1217, Anadarko Petroleum Corporation v. United States of America, No. 14-1167, U.S. Sup.).